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WORLD HEALTH ORGANIZATION Constitution opened for signature at New York July 22, 1946, and signed for the United States, subject to approval, July 22, 1946 Accepted by the United States June 14, 1948, subject to the provisions of a Senate joint resolution of June 14, 1948 1 Acceptance by the United States deposited with the United Nations June 21,1948 Entered into force April 7, 1948; for the United States June 21, 1948 Articles 24 and 25 amended by World Health Assembly May 28, 1959 2 62 Stat. 2679; Treaties and Other International Acts Series 1808 CONSTITUTION OF THE WORLD HEALTH ORGANIZATION The States parties to this Constitution declare, in conformity with the Charter of the United Nations, that the following principles are basic to the happiness, harmonious relations and security of all peoples: Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition. 1 Sees. 4 and 5 of the joint resolution (62 Stat. 441) read as follows: "SEC. 4. In adopting this joint resolution the Congress does so with the understanding that, in the absence of any provision in the World Health Organization Constitution for withdrawal from the Organization, the United States reserves its right to withdraw from the Organization on a one-year notice: Provided, however, That the financial obligations of the United States to the Organization shall be met in full for the Organization's current fiscal year. "SEC. 5. In adopting this joint resolution, the Congress does so with the understanding that nothing in the Constitution of the World Health Organization in any manner commits the United States to enact any specific legislative program regarding any matters referred to in said Constitution." 2 11 UST 2553; TIAS 4643. A further amendment to arts. 24 and 25 was adopted by the Assembly May 23, 1967, and an amendment to art. 7 was adopted May 20, 1965; both are subject to acceptance by two-thirds of the members of WHO. 119 219-918--70----9

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Page 1: World Health Organization€¦ · control of disease, especially communicable disease, is a common danger. Healthy development of the ... the utmost importance in the improvement

WORLD HEALTH ORGANIZATION

Constitution opened for signature at New York July 22, 1946, andsigned for the United States, subject to approval, July 22, 1946

Accepted by the United States June 14, 1948, subject to the provisionsof a Senate joint resolution of June 14, 1948 1

Acceptance by the United States deposited with the United NationsJune 21,1948

Entered into force April 7, 1948; for the United States June 21, 1948Articles 24 and 25 amended by World Health Assembly May 28,

1959 2

62 Stat. 2679; Treaties and OtherInternational Acts Series 1808

CONSTITUTION OF THE WORLD HEALTH ORGANIZATION

The States parties to this Constitution declare, in conformity with theCharter of the United Nations, that the following principles are basic to thehappiness, harmonious relations and security of all peoples:

Health is a state of complete physical, mental and social well-being and notmerely the absence of disease or infirmity.

The enjoyment of the highest attainable standard of health is one of thefundamental rights of every human being without distinction of race, religion,political belief, economic or social condition.

1 Sees. 4 and 5 of the joint resolution (62 Stat. 441) read as follows:"SEC. 4. In adopting this joint resolution the Congress does so with the understanding

that, in the absence of any provision in the World Health Organization Constitution forwithdrawal from the Organization, the United States reserves its right to withdraw fromthe Organization on a one-year notice: Provided, however, That the financial obligationsof the United States to the Organization shall be met in full for the Organization's currentfiscal year.

"SEC. 5. In adopting this joint resolution, the Congress does so with the understandingthat nothing in the Constitution of the World Health Organization in any manner commitsthe United States to enact any specific legislative program regarding any matters referredto in said Constitution."

2 11 UST 2553; TIAS 4643. A further amendment to arts. 24 and 25 was adopted bythe Assembly May 23, 1967, and an amendment to art. 7 was adopted May 20, 1965; bothare subject to acceptance by two-thirds of the members of WHO.

119219-918--70----9

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120 MULTILATERAL AGREEMENTS 1946-1949

The health of all peoples is fundamental to the attainment of peace andsecurity and is dependent upon the fullest co-operation of individuals andStates.

The achievement of any State in the promotion and protection of healthis of value to all.

Unequal development in different countries in the promotion of health andcontrol of disease, especially communicable disease, is a common danger.

Healthy development of the child is of basic importance; the ability tolive harmoniously in a changing total environment is essential to suchdevelopment.

The extension to all peoples of the benefits of medical, psychological andrelated knowledge is essential to the fullest attainment of health.

Informed opinion and active co-operation on the part of the public are ofthe utmost importance in the improvement of the health of the people.

Governments have a responsibility for the health of their peoples which canbe fulfilled only by the provision of adequate health and social measures.

Accepting these principles, and for the purpose of co-operation amongthemselves and with others to promote and protect the health of all peoples,the contracting parties agree to the present Constitution and hereby establishthe World Health Organization as a specialized agency within the termsof Article 57 of The Charter of the United Nations.3

CHAPTER I

OBJECTIVE

Article]

The objective of the World Health Organization (hereinafter called theOrganization) shall be the attainment by all peoples of the highest possiblelevel of health.

CHAPTER II

FUNCTIONS

Article 2

In order to achieve its objective, the functions of the Organization shall be:

(a) to act as the directing and co-ordinating authority on internationalhealth work;

(b) to establish and maintain effective collaboration with the UnitedNations, specialized agencies, governmental health administrations, pro­fessional groups and such other organizations as may be deemed appropriate;

3 TS 993, ante, vol. 3, p. 1167.

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WHO CONSTITUTION-JULY 22, 1946 121

(c) to assist governments, upon request, in strengthening health services;(d) to furnish appropriate technical assistance and, in emergencies,

necessary aid upon the request or acceptance of governments;(e) to provide or assist in providing, upon the request of the United

Nations, health services and facilities to special groups, such as the peoplesof trust territories ;

(f) to establish and maintain such administrative and technical servicesas may be required, including epidemiological and statistical services;

(g) to stimulate and advance work to eradicate epidemic, endemic andother diseases ;

(h) to promote, in co-operation with other specialized agencies wherenecessary, the prevention of accidental injuries;

(i) to promote, in co-operation with other specialized agencies wherenecessary, the improvement of nutrition, housing, sanitation, recreation,economic or working conditions and other aspects of environmental hygiene;

(j) to promote co-operation among scientific and professional groupswhich contribute to the advancement of health;

(k) to propose conventions, agreements and regulations, and makerecommendations with respect to international health matters and to performsuch duties as may be assigned thereby to the Organization and are consistentwith its objective;

(1) to promote maternal and child health and welfare and to foster theability to live harmoniously in a changing total environment;

(m) to foster activities in the field of mental health, especially thoseaffecting the harmony of human relations;

(n) to promote and conduct research in the field of health;(0) to promote improved standards of teaching and training in the

health, medical and related professions;(p) to study and report on, in co-operation with other specialized agencies

where necessary, administrative and social techniques affecting public healthand medical care from preventive and curative points of view, includinghospital services and social security;

(q) to provide information, counsel and assistance in the field of health;(r) to assist in developing an informed public opinion among all peoples

on matters of health;(s) to establish and revise as necessary international nomenclatures of

diseases, of causes of death and of public health practices;(t) to standardize diagnostic procedures as necessary;(u) to develop, establish and promote international standards with respect

to food, biological, pharmaceutical and similar products;(v) generally to take all necessary action to attain the objective of the

Organization.

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122 MULTILATERAL AGREEMENTS 1946-1949

CHAPTER III

MEMBERSHIP AND ASSOCIATE MEMBERSHIP

Article 3

Membership in the Organization shall be open to all States.

Article 4

Members of the United Nations may become Members of the Organiza­tion by signing or otherwise accepting this Constitution in accordance withthe provisions of Chapter XIX and in accordance with their constitutionalprocesses.

Article 5

The States whose governments have been invited to send observers to theInternational Health Conference held in New York, 1946, may becomeMembers by signing or otherwise accepting this Constitution in accordancewith the provisions of Chapter XIX and in accordance with their constitu­tional processes provided that such signature or acceptance shall be com­pleted before the first session of the Health Assembly.

Article 6

Subject to the conditions of any agreement between the United Nationsand the Organization, approved pursuant to Chapter XVI, States which donot become Members in accordance with Articles 4 and 5 may apply to be­come Members and shall be admitted as Members when their applicationhas been approved by a simple majority vote of the Health Assembly.

Article 7

If a Member fails to meet its financial obligations to the Organization orin other exceptional circumstances the Health Assembly may, on such condi­tions as it thinks proper, suspend the voting privileges and services to whicha Member is entitled. The Health Assembly shall have the authority to restoresuch voting privileges and services.

Article 8

Territories or groups of territories which are not responsible for the con­duct of their international relations may be admitted as Associate Membersby the Health Assembly upon application made on behalf of such territoryor group of territories by the Member or other authority having responsi­bility for their international relations. Representatives of Associate Membersto the Health Assembly should be qualified by their technical competence inthe field of health and should be chosen from the native population. Thenature and extent of the rights and obligations of Associate Members shallbe determined by the Health Assembly.

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WHO CONSTITUTION-JULY 22, 1946

CHAPTER IV

ORGANS

Article 9

123

The work of the Organization shall be carried out by:

(a) The World Health Assembly (herein called the Health Assembly) ;(b) The Executive Board (hereinafter called the Board) ;(c) The Secretariat.

CHAPTER V

THE WORLD HEALTH ASSEMBLY

Article 10

The Health Assembly shall be composed of delegates representingMembers.

Article 11

Each Member shall be represented by not more than three delegates, oneof whom shall be designated by the Member as chief delegate. These dele­gates should be chosen from among persons most qualified by their technicalcompetence in the field of health, preferably representing the national healthadministration of the Member.

Article 12

Alternates and advisers may accompany delegates.

Article 13

The Health Assembly shall meet in regular annual session and in such spe­cial sessions as may be necessary. Special sessions shall be convened at the re­quest of the Board or of a majority of the Members.

Article 14

The Health Assembly, at each annual session, shall select the country orregion in which the next annual session shall be held, the Board subsequentlyfixing the place. The Board shall determine the place where a special sessionshall be held.

Article 15

The Board, after consultation with the Secretary-General of the UnitedNations, shall determine the date of each annual and special session.

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124 MULTILATERAL AGREEMENTS 1946-1949

Article 16

The Health Assembly shall elect its President and other officers at thebeginning of each annual session. They shall hold office until their successorsare elected.

Article 17

The Health Assembly shall adopt its own rules of procedure.

Article 18

The functions of the Health Assembly shall be:

(a) to determine the policies of the Organization;(b) to name the Members entitled to designate a person to serve on the

Board;(c) to appoint the Director-General;(d) to review and approve reports and activities of the Board and of the

Director-General and to instruct the Board in regard to matters upon whichaction, study, investigation or report may be considered desirable;

(e) to establish such committees as may be considered necessary for thework of the Organization;

(f) to supervise the financial policies of the Organization and to reviewand approve the budget;

(g) to instruct the Board and the Director-General to bring to theattention of Members and of international organizations, governmental ornon-governmental, any matter with regard to health which the HealthAssembly may consider appropriate;

(h) to invite any organization, international or national, governmental ornon-governmental, which has responsibilities related to those of the Or­ganization, to appoint representatives to participate, without right of vote, inits meetings or in those of the committees and conferences convened under itsauthority, on conditions prescribed by the Health Assembly; but in the caseof national organizations, invitations shall be issued only with the consentof the government concerned;

(i) to consider recommendations bearing on health made by the GeneralAssembly, the Economic and Social Council, the Security Councilor Trustee­ship Council of the United Nations, and to report to them on the steps takenby the Organization to give effect to such recommendations;

(j) to report to the Economic and Social Council in accordance with anyagreement between the Organization and the United Nations;

(k) to promote and conduct research in the field of health by the personnelof the Organization, hy the establishment of its own institutions or by co­operation with official or non-official institutions of any Member with theconsent of its government;

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WHO CONSTITUTION-JULY 22, 1946 . 125

(1) to establish such other institutions as it may consider desirable;(m) to take any other appropriate action to further the objective of the

Organization.Article 19

The Health Assembly shall have authority to adopt conventions or agree­ments with respect to any matter within the competence of the Organization.A two-thirds vote of the Health Assembly shall be required for the adoptionof such conventions or agreements which shall come into force for each Mem­ber when accepted by it in accordance with its constitutional processes.

Article 20

Each Member undertakes that it will, within eighteen months after theadoption by the Health Assembly of a convention or agreement, take actionrelative to the acceptance of such convention or agreement. Each Membershall notify the Director-General of the action taken and if it does not acceptsuch convention or agreement within the time limit, it will furnish a state­ment of the reasons for non-acceptance. In case of acceptance, each Memberagrees to make an annual report to the Director-General in accordance withChapter XIV.

Article 21

The Health Assembly shall have authority to adopt regulations concern­ing:

(a) sanitary and quarantine requirements and other procedures designedto prevent the international spread of disease;

(b) nomenclature with respect to diseases, causes of death, and publichealth practices;

(c) standards with respect to diagnostic procedures for international use;(d) standards with respect to the safety, purity and potency of biological,

pharmaceutical and similar products moving in international commerce;(e ) advertising and labelling of biological, pharmaceutical and similar

products moving in international commerce.

Article 22

Regulations adopted pursuant to Article 21 shall come into force for allMembers after due notice has been given of their adoption by the HealthAssembly except for such Members as may notify the Director-General ofrejection or reservations within the period stated in the notice.

Article 23

The Health Assembly shall have authority to make recommendations toMembers with respect to any matter within the competence of the Organiza­tion.

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126 MULTILATERAL AGREEMENTS 1946-1949

CHAPTER VI

THE EXECUTIVE BOARD

Article 24

The Board shall consist of eighteen persons designated by as many Mem­bers. The Health Assembly, taking into account an equitable geographicaldistribution, shall elect the Members entitled to designate a person to serveon the Board. Each of these Members should appoint to the Board a persontechnically qualified in the field of health, who may be accompanied byalternates and advisers.

Article 25

These Members shall be elected for three years and may be reelected;provided that of the Members elected at the first session of the Health As­sembly, the terms of six Members shall be for one year and the terms of sixMembers shall be for two years, as determined by lot.

Article 26

The Board shall meet at least twice a year and shall determine the placeof each meeting.

Article 27

The Board shall elect its Chairman from among its members and shalladopt its own rules of procedure.

Article 28

The functions of the Board shall be:

(a) to give effect to the decisions and policies of the Health Assembly;(b) to act as the executive organ of the Health Assembly;(c) to perform any other functions entrusted to it by the Health Assembly;(d) to advise the Health Assembly on questions referred to it by that body

and on matters assigned to the Organization by conventions, agreements andregulations;

(e) to submit advice or proposals to the Health Assembly on its owninitiative;

(f) to prepare the agenda of meetings of the Health Assembly;(g) to submit to the Health Assembly for consideration and approval

a general programme of work covering a specific period;(h) to study all questions within its competence;(i) to take emergency measures within the functions and financial re­

sources of the Organization to deal with events requiring immediate action.In particular it may authorize the Director-General to take the necessarysteps to combat epidemics, to participate in the organization of health relief

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WHO CONSTITUTION-JULY 22, 1946 127

to victims of a calamity and to undertake studies and research the urgencyof which has been drawn to the attention of the Board by any Member orby the Director-General.

Article 29

The Board shall exercise on behalf of the whole Health Assembly thepowers delegated to it by that body.

CHAPTER VII

THE SECRETARIAT

Article 30

The Secretariat shall comprise the Director-General and such technicaland administrative staff as the Organization may require.

Article 31

The Director-General shall be appointed by the Health Assembly on thenomination of the Board on such terms as the Health Assembly may deter­mine. The Director-General, subject to the authority of the Board, shall bethe chief technical and administrative officer of the Organization.

Article 32

The Director-General shall be ex officio Secretary of the Health Assembly,of the Board, of all commissions and committees of the Organization and ofconferences convened by it. He may delega~e these functions.

Article 33

The Director-General or his representative may establish a procedure byagreement with Members, permitting him, for the purpose of discharging hisduties, to have direct access to their various departments, especially to theirhealth administrations and to national health organizations, governmental ornon-governmental. He may also establish direct relations with internationalorganizations whose activities come within the competence of the Organiza­tion. He shall keep Regional Offices informed on all matters involving theirrespective areas.

Article 34

The Director-General shall prepare and submit annually to the Boardthe financial statements and budget estimates of the Organization.

Article 35

The Director-General shall appoint the staff of the Secretariat in accor­dance with staff regulations established by the Health Assembly. The para-

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128 MULTILATERAL AGREEMENTS 1946-1949

mount consideration in the employment of the staff shall be to assure thatthe efficiency, integrity and internationally representative character of theSecretariat shall be maintained at the highest level. Due regard shall be paidalso to the importance of recruiting the staff on as wide a geographical basisas possible.

Article 36

The conditions of service of the staff of the Organization shall conform asfar as possible with those of other United Nations organizations.

Article 37

In the performance of their duties the Director-General and the staff shallnot seek or receive instructions from any government or from any authorityexternal to the Organization. They shall refrain from any action which mightreflect on their position as international officers. Each Member of the Orga­nization on its part undertakes to respect the exclusively internationalcharacter of the Director-General and the staff and not to seek to influencethem.

CHAPTER VIII

COMMITTEES

Article 38

The Board shall establish such committees as the Health Assembly maydirect and, on its own initiative or on the proposal of the Director-General,may establish any other committees considered desirable to serve any purposewithin the competence of the Organization.

Article 39

The Board, from time to time and in any event annually, shall review thenecessity for continuing each committee.

Article 40

The Board may provide for the creation of or the participation by theOrganization in joint or mixed committees with other organizations and forthe representation of the Organization in committees established by such otherorganizations.

CHAPTER IX

CONFERENCES

Article 41

The Health Assembly or the Board may convene local, general, technicalor other special conferences to consider any matter within the competence

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WHO CONSTITUTION-JULY 22, 1946 129

of the Organization and may provide for the representation at suchconferences of international organizations and, with the consent of the gov­ernment concerned, of national organizations, governmental or non-govern­mental. The manner of such representation shall be determined by theHealth Assembly or the Board.

Article 42

The Board may provide for representation of the Organization at confer­ences in which the Board considers that the Organization has an interest.

CHAPTER X

HEADQUARTERS

Article 43

The location of the headquarters of the Organization shall be determinedby the Health Assembly after consultation with the United Nations.

CHAPTER XI

REGIONAL ARRANGEMENTS

Article 44

(a) The Health Assembly shall from time to time define the geographicalareas in which it is desirable to establish a regional organization.

(b) The Health Assembly may, with the consent of a majority of theMembers situated within each area so defined, establish a regional orga­nization to meet the· special needs of such area. There shall not be morethan one regional organization in each area.

Article 45

Each regional organization shall be an integral part of the Organizationin accordance with this Constitution.

Article 46

Each regional organization shall consist of a Regional Committee and aRegional Office.

Article 47

Regional Committees shall be composed of representatives of the MemberStates and Associate Members in the region concerned. Territories or groupsof territories within the region, which are are responsible for the conduct of

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130 MULTILATERAL AGREEMENTS 1946-1949

their international relations and which are not Associate Members, shallhave the right to be represented and to participate in Regional Committees.The nature and extent of the rights and obligations of these territories orgroups of territories in Regional Committees shall be determined by theHealth Assembly in consultation with the Member or other authority havingresponsibility for the international relations of these territories and with theMember States in the region.

Article 48

Regional Committees shall meet as often as necessary and shall determinethe place of each meeting.

Article 49

Regional Committees shall adopt their own rules of procedure.

Article 50

The functions of the Regional Committee shall be:

(a) to formulate policies governing matters of an exclusively regionalcharacter;

(b) to supervise the activities of the Regional Office;(c) to suggest to the Regional Office the calling of technical conferences

and such additional work or investigation in health matters as in the opinionof the Regional Committee would promote the objective of the Organizationwithin the region;

(d) to co-operate with the respective regional committees of the UnitedNations and with those of other specialized agencies and with otherregional international organizations having interests in common with theOrganization;

(e) to tender advice, through the Director-General, to the Organizationon international health matters which have wider than regional significance;

(f) to recommend additional regional appropriations by the governmentsof the respective regions if the proportion of the central budget of the Orga­nization allotted to that region is insufficient for the carrying out of theregional functions;

(g) such other functions as may be delegated to the Regional Committeeby the Health Assembly, the Board or the Director-General.

Article 51

Subject to the general authority of the Director-General of the Organiza­tion, the Regional Office shall be the administrative organ of the RegionalCommittee. It shall, in addition, carry out within the region the decisions ofthe Health Assembly and of the Board.

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WHO CONSTITUTION-JULY 22, 1946 131

Article 52

The head of the Regional Office shall be the Regional Director appointedby the Board in agreement with the Regional Committee.

Article 53

The staff of the Regional Office shall be appointed in a manner to bedetermined by agreement between the Director-General and the RegionalDirector.

Article 54

The Pan American sanitary organization represented by the Pan AmericanSanitary Bureau and the Pan American Sanitary Conferences, and all otherinter-governmental regional health organizations in existence prior to the dateof signature of this Constitution, shall in due course be integrated with theOrganization. This integration shall be effected as soon as practicable throughcommon action based on mutual consent of the competent authorities ex­pressed through the organizations concerned.

CHAPTER XII

BUDGET AND EXPENSES

Article 55

The Director-General shall prepare and submit to the Board the annualbudget estimates of the Organization. The Board shall consider and submitto the Health Assembly such budget estimates, together with any recom­mendations the Board may deem advisable.

Article 56

Subject to any agreement between the Organization and the UnitedNations, the Health Assembly shall review and approve the budget estimatesand shall apportion the expenses among the Members in accordance with ascale to be fixed by the Health Assembly.

Article 57

The Health Assembly or the Board acting on behalf of the Health Assem­bly may accept and administer gifts and bequests made to the Organizationprovided that the conditions attached to such gifts or bequests are acceptableto the Health Assembly or the Board and are consistent with the objectiveand policies of the Organization.

Article 58

A special fund to be used at the discretion of the Board shall be establishedto meet emergencies and unforeseen contingencies.

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132 MULTILATERAL AGREEMENTS 1946-1949

CHAPTER XIII

VOTING

Article 59

Each Member shall have one vote in the Health Assembly.

Article 60

(a) Decisions of the Health Assembly on important questions shall bemade by a two-thirds majority of the Members present and voting. Thesequestions shall include: the adoption of conventions or agreements; the ap­proval of agreements bringing the Organization into relation with the UnitedNations and inter-governmental organizations and agencies in accordancewith Articles 69, 70 and 72; amendments to this Constitution.

(b) Decisions on other questions, including the determination of addi­tional categories of questions to be decided by a two-thirds majority, shallbe made by a majority of the Members present and voting.

(c) Voting on analogous matters in the Board and in committees of theOrganization shall be made in accordance with paragraphs (a) and (b)of this Article.

CHAPTER XIV

REPORTS SUBMITTED BY STATES

Article 61

Each Member shall report annually to the Organization on the actiontaken and progress achieved in improving the health of its people.

Article 62

Each Member shall report annually on the action taken with respect torecommendations made to it by the Organization and with respect to con­ventions, agreements and regulations. .

Article 63

Each Member shall communicate promptly to the Organization importantlaws, regulations, official reports and statistics pertaining to health whichhave been published in the State concerned.

Article' 64

Each Member shall provide statistical and epidemiological reports in amanner to be determined by the Health Assembly.

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WHO CONSTITUTION-JULY 22, 1946

Article 65

133

Each Member shall transmit upon the request of the Board such additionalinformation pertaining to health as may be practicable.

CHAPTER XV

LEGAL CAPACITY, PRIVILEGES AND IMMUNITIES

Article 66

The Organization shall enjoy in the territory of each Member such legalcapacity as may be necessary for the fulfilment of its objective and for theexercise of its functions.

Article 67

(a) The Organization shall enjoy in the territory of each Member suchprivileges and immunities as may be necessary for the fulfilment of its objec­tive and for the exercise of its functions.

(b) Representatives of Members, persons designated to serve on the Boardand technical and administrative personnel of the Organization shall similarlyenjoy such privileges and immunities as are necessary for the independentexercise of their functions in connection with the Organization.

Article 68

Such legal capacity, privileges and immunities shall be defined in a sepa­rate agreement to be prepared by the Organization in consultation with theSecretary-General of the United Nations and concluded between theMembers.

CHAPTER XVI

RELATIONS WITH OTHER ORGANIZATIONS

Article 69

The Organization shall be brought into relation with the United Nationsas one of the specialized agencies referred to in Article 57 of the Charter ofthe United Nations. The agreement ~r agreements bringing the Organiza­tion into relation with the United Nations shall be subject to approval by atwo-thirds vote of the Health Assembly.

Article 70

The Organization shall establish effective relations and co-operate closelywith such other inter-governmental organizations as may be desirable. Anyformal agreement entered into with such organizations shall be subject toapproval by a two-thirds vote of the Health Assembly. .

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134 MULTILATERAL AGREEMENTS 1946-1949

Article 71

The Organization may, on matters within its competence, make suitablearrangements for consultation and co-operation with non-governmental in­ternational organizations and, with the consent of the government concerned,with national organizations, governmental or non-governmental.

Article 72

Subject to the approval by a two-thirds vote of the Health Assembly, theOrganization may take over from any other international organization oragency whose purpose and activities lie within the field of competence ofthe Organization such functions, resources and obligations as may be con­ferred upon the Organization by international agreement or by mutuallyacceptable arrangements entered into between the competent authorities ofthe respective organizations.

CHAPTER XVII

AMENDMENTS

Article 73

Texts of proposed amendments to this Constitution shall be communicatedby the Director-General to Members at least six months in advance of theirconsideration by the Health Assembly. Amendments shall come into forcefor all Members when adopted by a two-thirds vote of the Health Assemblyand accepted by two-thirds of the Members in accordance with their re­spective constitutional processes.

CHAPTER XVIII

INTERPRETATION

Article 74

The Chinese, English, French, Russian and Spanish texts of this Constitu­tion shall be regarded as equally authentic.

Article 75

Any question or dispute concerning the interpretation or application ofthis Constitution which is not settled by negotiation or by the Health As­sembly shall be referred to the International Court of Justice in conformitywith the Statute of the Court,4 unless the parties concerned agree on anothermode of settlement.

• TS 993, ante, vol. 3, p. 1179.

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WHO CONSTITUTION-JULY 22, 1946

Article 76

135

Upon authorization by the General Assembly of the United Nations orupon authorization in accordance with any agreement between the Organiza­tion and the United Nations, the Organization may request the InternationalCourt of Justice for an advisory opinion on any legal question arising withinthe competence of the Organization.

Article 77

The Director-General may appear before the Court on behalf of theOrganization in connection with any proceedings arising out of any suchrequest for an advisory opinion. He shall make arrangements for thepresentation of the case before the Court including arrangements for theargument of different views on the question.

CHAPTER XIX

ENTRY INTO FORCE

Article 78

Subject to the provisions of Chapter III, this Constitution shall remainopen to all States for signature or acceptance.

Article 79

(a) States may become parties to this Constitution by

(i) signature without reservation as to approval;(ii) signature subject to approval followed by acceptance; or(iii) acceptance.

(b) Acceptance shall be effected by the deposit of a formal instrumentwith the Secretary-General of the United Nations.

Article 80

This Constitution shall come into force when twenty-six Members of theUnited Nations have become parties to it in accordance with the provisionsof Article 79.

Article 81

In accordance with Article 102 of the Charter of the United Nations, theSecretary-General of the United Nations will register this Constitution whenit has been signed without reservation as to approval on behalf of one State orupon deposit of the first instrument of acceptance.

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136 MULTILATERAL AGREEMENTS 1946-1949

Article 82

The Secretary-General of the United Nations will infonn States parties tothis Constitution of the date when it has come into force. He will alsoinfonn them of the dates when other States have become parties to thisConstitution.

In faith whereof the undersigned representatives having been duly au­thorized for that purpose, sign this Constitution.

Done in the City of New York this twenty-second day of July 1946, in asingle copy in the Chinese, English, French, Russian and Spanish languages,each text being equally authentic. The original texts shall be deposited inthe archives of the United Nations. The Secretary-General of the UnitedNations will send certified copies to each of the Governments represented atthe Conference.

For Argentina:Ad referendum

ALBERTO ZWANCK

For Australia:Subject to approval and acceptance by

Government of Commonwealthof Australia.

A. H. TANGE

For the Kingdom of Belgium:Subject to ratification [translation].

DR. M. DE LAET

For Bolivia:Ad referendum

LUIS V. SOTELO

For Brazil:Ad referendum

GERALDO H. DE PAULA SOUZA

For the Byelorussian Soviet SocialistRepublic:

Subject to ratification by the Govern­ment [translation].

N. EVSTAFIEV

For Canada:Subject to approval.

BROOKE CLAXTON

BROCK CHISHOLM

For Chile:Subject to constitutional approval

[translation].JULIO BUSTOS

For China:SHEN, J. K.I. CHIN YUAN

SZEMINGSZE

For Colombia:Ad referendum

CARLOS URIBE AGUIRRE

For Costa Rica:Ad referendum

JAIME BENAVIDES

For Cuba:Ad referendum

DR. PEDRO NOGUEIRA

ViCTOR SANTAMARINA

For Czechoslovakia:Ad referendum

DR. JOSEF CANlIK

For Denmark:Ad referendum

J. OERSKOV

For the Dominican Republic:Ad referendum

DR. L. F. THOMEN

For Ecuador:Ad referendum

R. NEVAREZ VASQUEZ

For Egypt:Subject to ratification.

DR. A. T. CHOUCHA

TAHA ELSAYED NASR BEY

M. S.ABAZA

For EI Salvador:Ad referendum

ARisTIDES MOLL

For Ethiopia:Subject to ratification.

G. TESEMMA

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WHO CONSTITUTION-JULY 22, 1946 137

For France:Ad referendum

J. PARISOT

For Greece:Ad referendum

DR. PHOKION KOPANARIS

For Guatemala:Ad referendum

G.MORAN

J. A. MUNoz

For Haiti:Ad referendum

RULx LEON

For Honduras:Ad referendum

JUAN MANUEL FIALLOS

For India:Subject to ratification. These signa­

tures are appended in agreementwith His Majesty's Representa­tive for the exercise of the func­tions of the Crown in its relationswith the Indian States.

C. K. LAKSHMANAN

C.MANI

For Iran:Subject to ratification by the Iranian

Parliament (Madjliss).GHASSEME GHANI

H. HAFEZI

For Iraq:Ad referendum

S. AL-ZAHAWI

DR. IHSAN DOGRAMAJI

For Lebanon:Ad referendum

GEORGES 'HAKIM

DR. A. MAKHLOUS

For Liberia:Ad referendum

JOSEPH NAGBE TooBA

JOHN B. WEST

For the Grand Duchy of Luxembourg:Subject to ratification [translation].

DR. M. DE LAET

For Mexico:Ad referendum

MONDRAGON

For the Kingdom of the Netherlands:Ad referendum

C. VAN DEN BERG

C. BANNING

W. A. TIMMERMAN

For New Zealand:Ad referendum

T. R. RITCHIE

For Nicaragua:Ad referendum

A. SEVILLA-SACASA

For the Kingdom of Norway:Ad referendum

HANS TH. SANDBERG

For Panama:Ad referendum

J. J. VALLARINO

For Paraguay:Ad referendum

ANGEL R. GINES

For Peru:Ad referendum

CARLOS ENRIQUE PAZ SOLDAN

A. TORANZO

For the Republic of the Philippines:Ad referendum

H. LARA

WALFRIDO DE LEON

For Poland:Ad referendum

EDWARD GRZEGORZEWSKI

For Saudi Arabia:Subject to ratification [translation].

DR. YAHIA NASRI '

DR. MEDHAT CHEIKH-AL-ARDH

For Syria:Subject to ratification.

DR. C. TREFI

For Turkey:Subject to ratification. I sign subject

to approval and confirmation bymy Government [translation].

Z. N. BARKER

For the Ukrainian Soviet SocialistRepublic:

Subject to ratification by the SupremeCouncil of the Ukrainian SovietSocialist Republic [translation]'

L. I. MECVED

I. I. KALTCHENKO

For the Union of Soviet Socialist Re­publics:

Subject to ratification by the Presidiumof the Supreme Council of theUnion of Soviet Socialist Repub­lics [translation].

F. G. KROTKOV

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138 MULTILATERAL AGREEMENTS 1946-1949

For the Union of South Africa:Ad referendum

H. S. GEAR

For the United Kingdom of GreatBritain and Northern Ireland:

MELVILLE D. MACKENZIE

G. E. YATES

For the United States of America:Subject to approval.

THOMAS PARRAN

MARTHA M. ELIOT

FRANK G. BOUDREAU

For Uruguay:Ad referendum

JosE A. MORA

R. RIVERO

CARLOS M. BARBEROUSSE

For Venezuela:Ad referendum

A. ARREAZA GUZMAN

For Yugoslavia:With reservation as to ratification.

DR. A. STAMPAR

For Afghanistan:

For Albania:With reservation [translation].

T. JAKOVA

For Austria:With reservation.

DR. MARIUS KAISER

For Bulgaria:Subject to ratification.

DR. D. P. ORAHOVATZ

For Eire:Subject to acceptance.

JOHN D. MACCORMACK

For Finland:Ad referendum

OSMOS TURPEINEN

For Hungary:

For Iceland:

For Italy:Subject to ratification.

GIOVANNI ALBERTO CANAPERIA

For Portugal:Subject to ratification.

FRANCISCO C. CAMBOURNAC

For Romania:

For Siam:Subject to approval.

BUNLIANG TAMTHA

For Sweden:

For Switzerland:Subject to ratification [translation].

DR. J. EUGSTER

A. SAUTER

For Transjordan:Subject to ratification.

DR. D. P. TUTUNJI

For Yemen:

[The constitution was signed for Hungary, subject to ratification, on February 19,1947;for Sweden, subject to ratification, on January 13, 1947; for Yemen on November 20,1953; and for Zambia on February 2,1965.]